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Arnie takes a swing at Julio, misses, and hits Marcos instead. Has Arnie committed any tort?, Tort Law Discussion help

Arnie takes a swing at Julio, misses, and hits Marcos instead. Has Arnie committed any tort?, Tort Law Discussion help

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Asked: Apr 13th, 2017

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Question Description

Arnie takes a swing at Julio, misses, and hits Marcos instead. Has Arnie committed any tort?

Suppose Arnie swings at Julio, misses, and hits no one else. Has Arnie committed any tort if Julio knew that Arnie could not possibly hit him because he was too far away from Julio when he swung?

Suppose Arnie threatens to hit Julio and makes some threatening gestures in his direction but Julio cannot hear his threats because of some loud music and does not see Arnie because his back is turned to him. Has Arnie committed any tort?

Suppose Arnie spits in Julio's face. Has he committed any tort?

Suppose Arnie spits in Julio's face and Julio, whose immune system is weakened from AIDS, succumbs to a viral infection that Arnie is carrying and dies. Can Arnie be held liable for Julio's death (assuming causation can be proved)?

Tutor Answer

A tort is a form of public misconduct against another person that harms him or her or his
or her property. The plaintiff in a tort case can claim compensation for the personal injury or
damages to property when he or she can prove the four elements of tort law including duty,
breach of duty, causation ...